Las Vegas Same-Sex Divorce Attorney
All divorce cases can feel like an emotional and stressful rollercoaster, but those involving same-sex couples are particularly complex. Same-sex couples have had the legal right to marry since 2014, and they have all the same rights and responsibilities as heterosexual married couples since that time. Additionally, in 2009, Nevada allowed same-sex couples to enter into domestic partnerships, which also gave each party certain rights in the event that they dissolved the relationship.
Even with all the same rights and responsibilities, a same-sex divorce has unique challenges. Below, our Las Vegas same-sex divorce attorney explains what these are, and how you can overcome them.
Same-Sex Divorces in Las Vegas
Just as same-sex couples have the right to marry in Las Vegas, they also have the right to get a divorce. These cases will proceed exactly like divorces involving couples of the opposite sex. The couple can agree to all terms including property division, alimony, child custody, and child support, and file a joint petition together.
If the couple cannot agree, one spouse will file a complaint with the court citing that they are no longer compatible with their spouse and that they are not likely to reconcile. The spouse who did not file is then served with papers and has 20 days to respond. After this time, the couple can enter mediation to resolve their disputes or negotiate an agreement on their own. If mediation and negotiation are unsuccessful, the couple will have to enter litigation where a judge will make all of the final decisions.
While the divorce process is largely the same for same-sex couples, there are certain complications that can arise. For example, only community property is divided in a divorce. Community property includes any assets or liabilities the couple acquired together during the marriage. This can present an issue for same-sex couples who lived together for a long time before officially getting married and commingled property during that time. This is a very common scenario due to the fact that the legislation is less than a decade old.
Child custody matters in same-sex divorces can also become more complex. One parent is sometimes the biological parent of the child. If the non-biological parent has not legally adopted the child, this can present serious difficulties.
Domestic Partnership Dissolution
Before federal law allowed same-sex couples to marry, Nevada law provided for domestic partnerships. These laws applied to unmarried couples who registered their partnerships with the state. Many same-sex couples obtained a domestic partnership before, or instead of, marrying. Dissolving a domestic partnership is very similar to the divorce process. Each party has a right to community property, and the same challenges may be faced.
Call Our Same-Sex Divorce Lawyer in Las Vegas Today
Whether you need to obtain a same-sex divorce or dissolve a domestic partnership, you need to know your legal options. At Ghandi Deeter Blackham Law Offices, our Las Vegas same-sex divorce attorney can outline what those are and help you through the process so you can move forward as quickly as possible. Call or text us now at 702-878-1115 or chat with us online to request a consultation and to get the legal help you need.
